Navy Military Personnel Command Cigna Insurance Company v. Director, Office of Workers Compensation Programs Minnie L. Cobb

51 F.3d 281 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NAVY MILITARY PERSONNEL COMMAND; Cigna Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS; Minnie L. Cobb, Respondents. No. 93-70737. United States Court of Appeals, Ninth Circuit. Submitted March 13, 1995. * Decided March 29, 1995. Before: NORRIS, WIGGINS AND FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 The Navy Military Personnel Command and CIGNA Insurance Company petition for review of the Benefit Review Board's decision which reversed the decision of an Administrative Law Judge granting the Navy's application for relief pursuant to 33 U.S.C. Sec. 908 (f). We affirm. DISCUSSION 3 To be entitled to Sec. 908(f) relief, an employer must establish " '(1) that the employee had an existing permanent partial disability prior to the employment injury; (2) that the disability was manifest to the employer prior to the employment injury; and (3) that the current disability is not due…